Summary: We cannot investigate this complaint about adult social care provision. We have no powers to consider complaints where the complainant has started court action.

The complaint

1. Ms C says the Council acted unethically by not explaining or justifying why Ms C’s care company can no longer support certain individuals.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Ms C’s complaint because she has started court action about the same matters.

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Investigator's decision on behalf of the Ombudsman